TexasCHLforum.com

Keith B wrote:

Redneck_Buddha wrote:<rant>Probably already been covered here, but any stop that results in suspicion of DUI means that every word exchanged with the officer is evidence gathered, or attempting to be gathered. Once you realize this, one may be compelled to deny, deny, deny. If you are not intoxicated and you know a sobriety test would certainly clear you, you have had NOTHING to drink on that day. I hate advocating dishonestly, but DUI stops are a dishonest exercise designed to create more criminals and more revenue, and many people have this slapped on their records that are in no way deserving. </rant>

This is not good information. If an officer can smell alcohol on your breath, but you are SURE you can pass a FST, then tell them you had a beer (or two) and submit. they are going to make you take one anyway, including more than likely a brethalyzer. Lying to an officer will only cause them to suspicion you have something more to hide when they can tell you have been drinking.

ANd, BTW DUI in Texas is for minors, for adults it is DWI. There are different standrards for the level of intoxicaiton as well.

Had a very successful DWI attorney address our Rotary Club one morning. The part about "deny, deny, deny" was my words, but he stated that more than once law enforcement has used the "(strong) alcohol on the breath" excuse on perfectly sober individuals to create probable cause for all kinds of shenanigans. If the original poster's last beer really was three hours before he was pulled over, I don't see any way in Hades his breath could have a strong smell of alcohol still on it. Sorry if I seem to have a problem with authority, but I am still hungover from the DPS stop where those two women were cavity searched for littering and one of the officers claimed to smell marijuana in the car (which turned out to NOT be the case).

<rant>Probably already been covered here, but any stop that results in suspicion of DUI means that every word exchanged with the officer is evidence gathered, or attempting to be gathered. Once you realize this, one may be compelled to deny, deny, deny. If you are not intoxicated and you know a sobriety test would certainly clear you, you have had NOTHING to drink on that day. I hate advocating dishonestly, but DUI stops are a dishonest exercise designed to create more criminals and more revenue, and many people have this slapped on their records that are in no way deserving. </rant>